CHANDRESHWAR PRASAD Vs. MATURNI

JUDGEMENT

(1.) This appeal by defendants Nos. 1 and 4 arise out of a suit for possession of some lands partly in village Shattar and partly in village Dikshitpur and for mesne profits.

(2.) Admittedly, Sheosaran Mahto was the last male holder. He was governed by the Mitakshara School of Hindu law. He died, and, after his death, his widow, Musammat Razali, came into possession of his lands, She executed four sale deeds in favour of defendants Nos. 1 to 4 in respect of different properties. The plaintiff, who is a gotia of Sheosaran Mahto, instituted Title Suit No, 262 of 1950 for a declaration that the sale deeds were executed by the widow without any legal necessity, and hence they were not binding upon Sheosaran Mahto's estate. The suit was decreed ex parte on the 2nd March, 1951; Musammat Razali died in Bhado, 1364 Fasli, equivalent to 1957 A. D. All these facts are admitted

(3.) The plaintiff's case is that he asked the defendants after the death of Musammat Razali to make over possession of the disputed lands to him, but they did not comply. Hence, he has instituted this suit for possession and mesne profits.